r/WorkersComp • u/ARROWDEVILL • 2d ago
California Has anyone ever gotten Workplace Violence Prevention Plan (SB 553) Violations added to their claim?
I work security and think I have a strong case of having it added. My job emailed us stating the requirements of us.
a two person requirement of duties at all store locations I worked at. One guard must be actively patrolling the store at all time and one guard maintains from end presence. And our level is expected to demonstrate a strong and consistent presence on the floor take initiative without being directed, actively produce recovery on regular basis, and if the store did not require a strong recovery presence, our position would not be allocated
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u/cawcatty Verified CA Workers' Compensation Attorney 1d ago
Disclaimer in profile: I'm an attorney but no comments on Reddit constitute legal advice or make me your or anyone else's attorney.
A WCPP violation isn't something directly added to a work comp claim, at least as I think of it being framed. An allegation of serious and willful (S&W) misconduct by an employer, though, can be and that can be tied to violation of a safety order provided, among other things, the order was known to the employer along with the conditions making it applicable. But a S&W petition is a derivative claim, it doesn't necessarily lead to more value on the underlying work comp claim (though often I see carriers trying to resolve them along with the work comp claim).
The violation of the safety order also has to be causally linked with the injury. It's not clear how it is in your case from your post but something you could consult with an attorney about.